(HC) Jolivette v. Superior Court of Solano County

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20252:25-cv-00180California505 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL PATRICK JOLIVETTE, Case No. 2:25-cv-0180-JDP (P) Petitioner, ORDER v. SUPERIOR COURT OF SOLANO COUNTY, et al., 15 Respondents.

17 Petitioner Paul Patrick Jolivette, a state prisoner proceeding without counsel, seeks a writ of mandamus pursuant to 28 U.S.C. § 1651(a). The petition for writ is deficient, however, because it impermissibly seeks to compel action from state agencies and officials, and otherwise fails to provide a straightforward and cogent argument for why such a writ should issue. I will dismiss this petition with leave to amend so that petitioner may attempt to remedy these deficiencies. A writ of mandamus is available “to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361. Here, petitioner impermissibly seeks to compel state officials, agencies, and courts, however. See Demos v. United States Dist. Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991)…

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